German Federal Court Rules Lifelong Residence Rights Remain After Nursing Home Move

The Federal Court of Justice (Bundesgerichtshof) confirmed that a lifelong residence right recorded in the land register continues to exist even if the holder moves into a nursing home, ending only if the premises become uninhabitable, the resident requires permanent medical equipment, or the holder dies. The court also noted that the right can be terminated with the resident’s explicit consent.

In France, an emergency procedure allows people who suddenly become care‑dependent to apply for a care level (Pflegegrad) without waiting for the standard assessment. The request can be submitted by the person themselves or by a legally authorized representative, and the medical service can provide a rapid provisional rating to enable immediate benefits.

German regulations clarify that care allowance (Pflegegeld) paid to a care‑dependent person is not considered income for pension calculations and does not affect pension entitlements. The allowance is a social benefit, not taxable income, unless it is received by a caregiver without a personal relationship to the care recipient, in which case it may be treated as earnings.